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Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

....nstitution dealing with the policy matter regarding management and operation. On 9-10-2004, Mr. Md. Shahiduzzaman, the then Member of Parliament (MP) of the ruling party, was nominated as a Syndicate member of the BSMMU by the Speaker. He was also Managing Director of the claimant com­pany at th...... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ...... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ......yment of rent, a tenant is protected, notwithstanding the provi­sions of Transfer of property Act or the Contract Act from ejectment as long as he pays rent to the full extent allowed by the East Pakistan Premises Rent control Ordinance and he per­forms the conditions of the tenancy. The exp...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....ssioner of police ordered an inquiry to be held. It reported that false evidence had been fabricated for use at the trial. Article 135(2) of the Constitution of Federation of Malaya provides "No member of such a service as aforesaid (the police service is one of these) shall be dismissed or red......ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....elation to a company………“ 18. According to provision of Rule 9 an aggrieved person can file an application under section 43 of the Companies Act, to rectify register of members of a company. This Section provides that: 43. Power of Court to rectify register.- (1) ......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......(AD) 436; Shishir Kanti Pal Vs. Nur Muhmmad, 55 DLR  (AD) 39; Pronoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria, 30 DLR (SC) 139; Anil Kumar Datta Chowdhury Vs. Province of East Pakistan (1971) 23 DLR 108; Watson and Company Vs. Ramchand Dutta and others LR 17 IA 110 ILR 18 Cal......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

.... the aforesaid notification for admission by PSTU, the BVA made further representation to the UGC, who, by convening a meeting on 20-10-2011, resolved to circulate a press release announcing that a 7 member sub-committee was to be formed which was to submit a report within 7 days and till submission......gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ......gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......;surplus public servant" means a public servant whose post is abolished by Government for the purpose of adminis­trative re-organisation or who being a servant of the erstwhile Government of Pakistan.....". 14. Evidently section 2(e), as quoted above, speaks of abolition of the po......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......t since 1937, the amount of which have been reviewed and increased from time to time depending on the rate of inflation. Collection of user fees is still a common practice in countries like India, Pakistan, Srilanka, United Kingdom, Australia and some Latin American countries. The Government of ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....ly, converted to Amending Act, 13 of 2009) is quoted below: “12. (1) Any elector of a constituency may propose or second for election to that constituency, the name of any person qualified to be a member under clause(1) of Article 66 of the Constitution: Provided that a person shall be disqualif...... Hotel Ltd [1944]4 DLR 638, Johnson v Johnson [1952] 1 All ER 250 at 251-252, [1952] P 47 at 50-51, D.G. Mahajan Vs. State of Maharashtra, AIR 1977 SC 915, Farooq Ahmed Khan Leghari Vs. Federation of Pakistan and others, PLD 1999 SC 57. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instruc......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......ark to be registered under the provisions of the said convention. 20. The learned Advocate Mr. A.B.M Shamsud Doulah further relied upon the provisions of the Trade mark legislation as prevailed in Pakistan and also in India. He further relied upon the provisions of section 119 and 120 of the Trad......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....e commis­sion of the murder of Abdul Khaleque. The common intention of all accused contemplated in section 34 is to commit culpable homicide irrespective of specified person. In such a case, each member shall be liable for the act resulting in culpable homicide amounting to murder. The consisten......n 354 (3) circumstance found on the facts of a particular case, must evidence aggravation of an abnormal or special degree". 12. In Sher Hassan, PLR 1959 SC (Pak.) 480, the Supreme Court of Pakistan argued that in exceptional cases, the Supreme Court has inter­fered with the sentence o......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....ive direction for proper administration of the Waqfs, etc. Section 28 deals with general powers and functions of the Committee, which consists as per section 20, the Administrator as chairman and ten members to be appointed by the Government, of whom, one shall be a mutawalli of the Shia Sect, three...... 1960 SC 610; Privy Council in Attorney-General for Ortario Vs. Mercer, (Jyy3) AC 767 (778);Lord Campbell in RV. Edmundson (1859) 28 LJMC 213; Great Western RY. Vs. Sarindon Ry, (1884) 9 AC 786; East Pakistan Vs. Muhammad Hossain, 16 DLR (SC) 667; AK Gopalan Vs. State of Madras AIR 1950 SC 27; Hafiz......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......­ity and, as such, it is a coram non judice. Consequently, the award passed by him is a nullity in the eye of law. In this context refer­ence may be made to a decision of the Supreme Court of Pakistan in the case of M/s Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (19...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

....and, as such, in view of this rule 3(3) of the land Appeal Board Rules, 1990 the full Board is empowered to entertain a further review; that the Government being not satisfied by the order of the one member of the Board passed in the first review application preferred the second application for furt...... Nath Saha in respect of 0.6368 acre of land and the rest of the land of CS Plot No. 509 was recorded in the name of other transferee Saiful Islam. That Jitendra Nath Saha was living in the then East Pakistan and thereafter in Bangladesh all the time and possessed his 0.6368 acre of land of the suit...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

.... Order dated 31-1-2008 passed by the Customs Excise and মূল্য সংযোজন কর Appellate Tribunal (respondent No.2) comprised of Md. Farid Uddin as president and Md. Golam Mawla as member (Judicial) in Customs Appeal No.CEVT/Cus-107 of, 2007 dismissing the appeal for default. ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ....... Union of India, AIR 1990 (SC) 1480; Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 192; Russel Vs. Duke of Norfolk; Wiseman Vs. Sorneman (supra); Pear-berg Vs. Party; Abdul A'la Moudoodi Vs. West Pakistan, 17 Act (SC) 209; Farid sons Ltd. Vs. Pakistan, 13 DLR (sc) 233; Swadeshi Cotton Mills Vs. ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......ed with the civil servants. Their privilege can only be compared with those of other Constitutional office holders. Remuneration and other privileges of the Judges of the Superior Courts of India, Pakistan and Sri Lanka are much higher than those of the SC Judges of Bangladesh. In the backdrop t...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12